{"id":205857,"date":"2026-05-14T20:37:49","date_gmt":"2026-05-15T01:37:49","guid":{"rendered":"https:\/\/thevwindependent.com\/news\/?p=205857"},"modified":"2026-05-14T20:37:51","modified_gmt":"2026-05-15T01:37:51","slug":"judges-question-private-school-vouchers","status":"publish","type":"post","link":"https:\/\/thevwindependent.com\/news\/2026\/05\/14\/judges-question-private-school-vouchers\/","title":{"rendered":"Judges question private school vouchers"},"content":{"rendered":"\n

By Morgan Trau\/<\/strong>Ohio Capital Journal<\/em><\/p>\n\n\n\n

A panel of Ohio judges questioned the state\u2019s attorneys this week about why taxpayers are footing the bill for private school tuition.<\/p>\n\n\n\n

Leaders of public schools headed to Columbus for an early morning hearing before the 10th District Court of Appeals.<\/p>\n\n\n\n

More than 300 public school districts are suing over the state\u2019s private school voucher program, named EdChoice by lawmakers. It allows any family, regardless of income level, to get taxpayer dollars to attend nonpublic schools.<\/p>\n\n\n\n

A trial judge ruled last summer that the program was unconstitutional.<\/p>\n\n\n\n

The state appealed the majority of the ruling, while the schools are pushing back against the one charge that was decided against them. The schools complain that the voucher program creates segregation in schools, but the judge said there was no evidence of that.<\/p>\n\n\n\n

Schools are currently experiencing cuts to jobs, classes, and athletics as many face budget shortfalls.<\/p>\n\n\n\n

\u201cThe damage that\u2019s being done to Ohio\u2019s amazing public schools is undeniable,\u201d Cleveland Heights-University Heights school board member Dan Heintz said.<\/p>\n\n\n

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The state’s attorneys found themselves explaining to judges why taxpayers are funding private school tuition. Phoro provided<\/em><\/figcaption><\/figure>\n<\/div>\n\n\n

Some, like Heintz\u2019s still don\u2019t have air conditioning.<\/p>\n\n\n\n

Public schools deserve more money, he and Cleveland-based attorney Miriam Fair said.<\/p>\n\n\n\n

\u201cThe General Assembly has abdicated its constitutional obligation to public school students and instead prioritizes private education,\u201d Fair said while speaking to the court.<\/p>\n\n\n\n

Nonpartisan research group Policy Matters Ohio found that K-12 schools are being underfunded by nearly $3 billion over the next two years.<\/p>\n\n\n\n

In the fiscal year 2025, more than $1 billion of taxpayer dollars went to private schools. Private schools are set to get more than $2 billion over the next two years.<\/p>\n\n\n\n

Some supporters of the private school vouchers claim that public schools are wasting money, some of which they said they need, on the lawsuit.<\/p>\n\n\n\n

\u201cWhen they come begging for more taxes, ask them why they spent the money you already gave them on losing lawsuits,\u201d Attorney General Dave Yost said, in response to a post on X about the hearing beginning.<\/p>\n\n\n\n

Heintz said each participating school has spent $2 per student for the past four years.<\/p>\n\n\n\n

Based on that number, the coalition has spent $1.7 million on legal fees. This is a drop in the bucket compared to the $3 billion they say they were underfunded.<\/p>\n\n\n\n\n\n\n\n

Judges David Leland, Kristin Boggs, and Shawn Dingus will be deciding whether or not they completely agree with Franklin County Common Pleas Judge Jaiza Page in her ruling.<\/p>\n\n\n\n

But the state and a coalition of families that use private school vouchers are fighting back, claiming that the education funding isn\u2019t coming from the same pool of money.<\/p>\n\n\n\n

\u201cThere\u2019s no inherent connection between the EdChoice funding and the public school funding,\u201d Deputy Solicitor General Stephen Carney said.<\/p>\n\n\n\n

Carney is joined by Keith Neely of the Institute of Justice, who is representing a group of private school families.<\/p>\n\n\n\n

There is no way to say that if the private school vouchers went away, the money would go to public schools, he said. It could go to other priorities like Medicaid.<\/p>\n\n\n\n

Conversely, money could also be given to public education by canceling the handout that the lawmakers gave to the Cleveland Browns for their new stadium, Carney said.<\/p>\n\n\n\n

\u201cJust to add some more controversy to today,\u201d he said.<\/p>\n\n\n\n

The judges seemed to agree with this sentiment, repeatedly asking the attorneys for the school coalition, called Vouchers Hurt Ohio, how ending the private school voucher program would help them.<\/p>\n\n\n\n

Attorney Mark Wallach responded that there is a \u201claundry list\u201d of other ways that the program \u201cerodes\u201d public education, such as violating the Equal Protection Clause.<\/p>\n\n\n\n

But it\u2019s the lawmakers\u2019 right to fund both public and private education, Neely claimed.<\/p>\n\n\n\n

\u201c(Families are) going to be forced to send their children to a public school environment that might not have worked for them,\u201d he said.<\/p>\n\n\n\n

The judges continually interrupted the state\u2019s team.<\/p>\n\n\n\n

Data shows the majority of people using private school vouchers were already sending their kids to nonpublic schools.<\/p>\n\n\n\n

\u201cWhat\u2019s the purpose, counselor, of having an admission policy where students who can afford private tuition to private schools are nonetheless subsidized by EdChoice vouchers?\u201d Judge Leland asked. \u201cWhat is the governmental purpose of that?\u201d<\/p>\n\n\n\n

\u201cWell, it\u2019s to provide choice to parents,\u201d Carney said.<\/p>\n\n\n\n

\u201cWhy are we subsidizing wealthy students who can afford to go to private school? Why are we paying for their tuition with tax dollars?\u201d<\/p>\n\n\n\n

Carney tried to explain that the private school voucher program was not just for the wealthy, but also was started for lower-income families and students with disabilities. Allowing for choice is the crux of the issue, Neely said.<\/p>\n\n\n\n

Judge Dingus asked the state how this is a choice for \u201cparents\u201d when really, it\u2019s the school deciding who they let in.<\/p>\n\n\n\n

He offered a hypothetical of an LGBTQ+ child not being let into a private school. Carney conceded that the \u201cchoice\u201d is being able to apply.<\/p>\n\n\n\n

\u201cThe argument this morning, I think, went well for us,\u201d Neely said after the hearing. \u201cUltimately, I think we all recognize that this case is going to go to the Ohio Supreme Court one way or the other.\u201d<\/p>\n\n\n\n

The Ohio Supreme Court, which Republican state lawmakers made openly partisan starting in 2022, has a 6-1 Republican advantage.<\/p>\n\n\n\n

The appellate court judges will eventually rule on the case, but Neely expects the panel, all of them Democrats, to side with the schools.<\/p>\n\n\n\n

He believes eventually, the Republican-dominated Ohio Supreme Court will rule in his favor.<\/p>\n\n\n\n

\u201cFrom that perspective, I think today\u2019s argument is a success,\u201d Neely said. \u201cIt moves us closer to that goal, and we\u2019re excited to have that opportunity when the day comes.\u201d<\/p>\n\n\n\n

Heintz still holds out hope for victory.<\/p>\n\n\n\n

\u201cWhen the Supreme Court eliminates the EdChoice vouchers, the money will be there, and the statewide expectation will be there, that Ohio\u2019s public schools will be funded to the promise of the Constitution,\u201d he said.<\/p>\n\n\n\n

The voucher program remains in effect as litigation continues.<\/p>\n","protected":false},"excerpt":{"rendered":"

By Morgan Trau\/Ohio Capital Journal A panel of Ohio judges questioned the state\u2019s attorneys this week about why taxpayers are footing the bill for private school tuition. Leaders of public schools headed to Columbus for an early morning hearing before the 10th District Court of Appeals. More than 300 public school districts are suing over […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"class_list":["post-205857","post","type-post","status-publish","format-standard","hentry","category-news"],"publishpress_future_action":{"enabled":false,"date":"2026-05-22 06:21:33","action":"change-status","newStatus":"draft","terms":[],"taxonomy":"category","extraData":[]},"publishpress_future_workflow_manual_trigger":{"enabledWorkflows":[]},"_links":{"self":[{"href":"https:\/\/thevwindependent.com\/news\/wp-json\/wp\/v2\/posts\/205857","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thevwindependent.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thevwindependent.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thevwindependent.com\/news\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/thevwindependent.com\/news\/wp-json\/wp\/v2\/comments?post=205857"}],"version-history":[{"count":2,"href":"https:\/\/thevwindependent.com\/news\/wp-json\/wp\/v2\/posts\/205857\/revisions"}],"predecessor-version":[{"id":205899,"href":"https:\/\/thevwindependent.com\/news\/wp-json\/wp\/v2\/posts\/205857\/revisions\/205899"}],"wp:attachment":[{"href":"https:\/\/thevwindependent.com\/news\/wp-json\/wp\/v2\/media?parent=205857"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thevwindependent.com\/news\/wp-json\/wp\/v2\/categories?post=205857"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thevwindependent.com\/news\/wp-json\/wp\/v2\/tags?post=205857"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}